Presentation on theme: "Department of Army Permitting Process: Dredging"— Presentation transcript:
1 Department of Army Permitting Process: Dredging Felicity DodsonRegulatory Project ManagerRegulatory BranchUSACE Galveston DistrictDredging Your Docks SeminarBeaumont, TexasNovember 6, 2013
2 U.S. Army Corps of Engineers, Galveston District 50,000+ square miles700 miles of coastline48 counties, portions of4 Louisiana parishes16 Congressional Districts26 Regulatory Project Managers8 Branch Leaders10 Support Staff MembersCustodians ofthe Coast
3 Section 10 Rivers and Harbors Act of 1899 (33 U.S.C. 401) Structures and/or work in, or affecting, navigable waters of the United States.Structures and/or work outside the limits of navigable waters, IF these structures or work could affect the course, location, or condition of the waterbody so as to impact its navigable capacity.Artificial islands, installations, or other devices on the outer continental shelf..
4 Section 404 Clean Water Act (33 U.S.C 1344) Discharge of dredged or fill material.Activities Regulated as a Discharge:Addition of dredged material to a specified discharge site located in watersRunoff or overflow from a contained land or water disposal areaAny addition, including more than incidental redeposit of dredged material, mechanized land clearing, ditching, channelization, or other excavation
5 Section 103 Marine Protection, Research, and Sanctuaries Act (Ocean Dumping Act - 33 U.S.C. 1413) Transportation of dredged material by vessel or vehicle for purpose of dumping in ocean waters at sites designated by EPA under 40 CFR 228.Dredged material, for purposes of Section 103, means any material excavated or dredged from “navigable” waters of the United States.
6 Department of the Army (DA) Permits Nationwide PermitsAuthorizes Section 10 and Section 404 actionsMinimal impact to aquatic environmentStreamlined permit review processLetters of PermissionAuthorizes Section 10 Actions ONLYNon-Controversial Actions15-day Interagency CoordinationStandard PermitAuthorizes Section 10 and Section 404 ActionsControversial Actions30 Day Public Notice
7 Nationwide Permits (NWPs) for Docks and Dredging NWP 3 – Maintenance (not including dredging)NWP 13 – Bank StabilizationNWP 19 – Minor DredgingNWP 35 – Maintenance Dredging of Existing BasinsNWP 16 – Water Quality Certification for return water from upland disposalBE SURE TO CHECK:Pre-Construction Notification (PCN) requirementGeneral Conditions (All NWPS)Regional Conditions (by state or geographic region)
8 Applying for a DA Permit Engineer Form 4345, with original signaturesSigned Agent AuthorizationComplete description of the proposed activity including supporting documentation, and plans sufficient for Public Notice[Per 33 CFR 325.1(d)(1)]Call the Corps if you have questions!
9 Why does the permit process take so long? Primary cause of delay for applications is incomplete, inaccurate, or contradictory information.
10 Project Plans (Drawings) 8.5” by 11” paper, color is ok if legible.Include all jurisdictional work, adjacent structures, access roads, staging AND Dredge Material Placement Areas (DMPAs).Good vicinity map(s), including DMPAs.Scale or stated dimensionsComplete LegendAll Drawings must be consistent - Tables and written descriptions MUST MATCH drawings!
11 Vicinity Maps: As if you’ve never been there before InsufficientGoodCompass or North ArrowShow location in relation to some known point.Lat/Lon or UTM coordinates are extremely helpful.Old plans and maps may need to be updated for permit amendments, if they are no longer legible.
12 TMI (Too Much Information)! Limit information to only what is necessary for permit evaluation purposes.
14 Example Plans: Confined Placement Area with Levees
15 Submitting the Application Attach all supporting information - maps, drawings, photos, etc.Sign and date the Application (Engineer Form 4345)Review for 3 “C”s:CorrectnessConsistencyCompletenessKeep copies of all submitted pages.Mail application with original signatures.
16 Specific Issues Related to Dredge Material Placement Confined Upland PlacementBeneficial Use (BU) OptionsMaterial testing requirementsIf DMPA/BU site is located in Louisiana, coordination with LA State Agencies is required
17 Confined Placement Areas Lake HuronCraney Island (Portsmouth, VA)Sabine Neches Water Way
18 Beneficial Uses of Dredged Material Wetland HabitatShoreline ProtectionBeach RenourishmentRecreationAgricultureIsland HabitatConstruction FillConstruction Materials
19 Sediment Testing Requirements May be required by multiple agenciesNavigation DistrictState Water Quality Certifying agency (TCEQ, LADEQ)EPA (in certain cases)Early consultation can save your schedule and budget!
20 How We Can HelpPre-application meetings are available to get feedback in your project while in the planning stages.Regulatory project managers and staff are here to help. If you have a question, ASK!
21 Questions! Contact us: Mailing Address: U. S. Army Corps of Engineers Galveston District CESWG-PE-R P.O. Box 1229 Galveston, TXTelephone: Fax: (call ahead to schedule a meeting)District Office Location:U.S. Army Corps of Engineers Jadwin Building 2000 Fort Point Road Galveston, TX 77550On the web at: